Chinnaiah v. The Sub Divisional Magistrate

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17647 of 2018 and Crl.M.P.(MD) Nos.7824 and 7825 of 2018 1.Chinnaiah 2.Rajaram 3.Thangaraj 4.Rajangam 5.Sakthimuthu 6.Muthuchamy 7.Chinnaiah 8.Ramesh 9.Sathiyamanickam 10.Chellaiah 11.Suresh 12.Prabhu 13.Mani 14.Alaguraja (Nallamani) 15.Rajendran : Petitioners/'A' party Vs.

1.The Sub Divisional Magistrate and Revenue Divisional Officer, Melur, Madurai District. ...1st Respondent 2.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai District. ..2nd Respondent/Complainant

3.Muruganantham 4.Jeeva 5.Rajeev Gandhi 6.Durai 7.Muruganandham ...Respondents 3 to 7/'A' Party 8.Vijayaragavan 9.Sivagnanam 10.Nevulikannan 11.Thiruvalluvar 12.Sundarajan 13.Alagu 14.Madhavan 15.Ganesan 16.Thiraviyam : Respondents 8 to 16/'B' Party PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating the impugned proceedings of the first respondent in M.C.No.5/2018/C dated 22.08.2018 and to quash the same.

For Petitioners : Mr.M.V.Venkataseshan For R1 & R2 : M/s.S.Bharathi Government Advocate

ORDER

The criminal original petition has been filed seeking to quash the proceedings initiated by the first respondent under Section 107 Cr.P.C., 2.It is seen from records that the first respondent has issued a show cause notice under Section 111 Cr.P.C., calling upon the parties to give their explanation. This notice has been challenged before this Court in the present criminal original petition. The Hon'ble Division Bench of this Court in the case of Mr.Krishnamurthy and others vs. the Sub Divisional Magistrate cum Revenue Divisional Officer, Krishnagiri and another reported in (2017) 1 MLJ (Crl) 257 has held that a petition under Section 482 Cr.P.C., challenging the

show cause notice issued under Section 111 Cr.P.C., is not maintainable.

3.In view of the same, this criminal original petition is not maintainable. Accordingly, this criminal original petition is dismissed. However, there shall be a direction to the first respondent to call the parties and conduct the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(RECORDS) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Sub Divisional Magistrate and Revenue Divisional Officer, Melur, Madurai District.

2.The Inspector of Police, Keelavalavu Police Station, Melur Taluk, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

• 1 CC TO Mr.M.V.Venkataseshan , ADVOCATE IN SR No.88884. • • MM • DS SKN SAR3 08 11 2018 3P 5C Crl.O.P.[MD].No.17647 of 2018